Shankar Annu Patil v. The State Of Maharashtra, Thr. Principal Secretary Shri. Manukumar Shrivastav And ORS.

7.as.CP.202.20_wp.1238.18.doc S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 202 OF 2020 IN WRIT PETITION NO. 1238 OF 2018 Shankar Annu Patil ..Petitioner

Versus

State of Maharashtra, Revenue & Resettlement Department Through Principal Secretary Manukumar Shrivastav & Ors.

..Respondents ...................

 Mr. Tejpal S. Ingale and C. M. Lokesh for Petitioner  Mr. A. I. Patel, AGP for Respondent Nos. 1 to 3  Mr. Sachin Gite for Respondent No. 4 ...................

CORAM : S. J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE : JULY 6, 2021.

(Through Video Conferencing) P.C.:

[ .

By the above Writ Petition, the Petitioner interalia seeks the following relief :

a) This Hon'

ble Court may be pleased to hold and declare that the Respondents have committed contempt of this Hon' ble Court by willfully committing breach of Order dated 16.01.2019 passed by this Hon'

ble Court in Writ Petition No. 1238/2018 and directions issued there under by not complying the directions by completing the process of determination of amount of compensation and payment to the Petitioner for the acquired land Gat No. 198 admeasuring 42-R situated at village Kavathesar, Tal. Shirol, Dist. Kolhapur by completing the acquisition proceeding and be dealt with for the said breach under the provisions of the Contempt of

7.as.CP.202.20_wp.1238.18.doc Courts Act, 1971 as this Hon'

ble Court may deem fit and proper;

2.

We are satisfied that the order dated 16.01.2019 passed by this Court in Writ Petition No. 1238 of 2018 is not complied with. Mr. Patel, learned Additional Govt. Pleader, on instructions from Respondent Nos.1 to 3 states that the entire process of acquisition will be completed and compensation will be handed over to the Petitioner not later than 12 weeks from the date of this order. 3.

Advocate for Respondent No.4 on instructions states that a cheque of Rs.80,00,000/- being tentative compensation pending valuation is ready with them for being handed over to the SubDivisional Officer, Ichalkaranji. The Respondent No.4 shall hand over the cheque of Rs.80,00,000/- to the Sub-Divisional Officer, Ichalkaranji within a period of one week from today.

4.

In view of the above statements made by the learned Additional Govt. Pleader, we are not issuing contempt notice against the erring Respondents. However, it is made clear that if the above order is not complied with by the Respondents, the Court will proceed to take stern action against them under the Contempt of Courts Act, 1971. 5.

The Contempt Petition accordingly stands disposed of. [ MILIND N. JADHAV, J. ] [ S. J. KATHAWALLA, J. ]